BIS Regulatory Updates: 2023 Significant Changes

Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles! Below is the article reproduced, you can also read here.

The two most important categories of export controls are the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The vast majority of controlled exports fall under EAR, while the ITAR’s scope is limited to only military and defense-related articles, services, information, and technology. The US Department of Commerce’s Bureau of Industry & Security (BIS) is charged with enforcing EAR under 15 C.F.R. parts 730-774.

This article provides an overview of the significant BIS policy and regulatory changes in 2023, including updates to the voluntary disclosure policy, an update on the semiconductor export control rules, expansion of Russia sanctions, and a human rights amendment to the EAR.

Background on EAR

The purpose of EAR is to safeguard US national security interests by ensuring that certain critical technology does not fall into the wrong hands.

The EAR governs whether a person or entity may:

  • Export an item from the US.
  • Reexport that item from a foreign country.
  • Transfer an item from one person to another.

BIS has repeatedly demonstrated its commitment to enforcing EAR and violations can carry heavy penalties. Civil penalties may be up to $300,000 per violation or twice the value of the transaction, whichever is greater. EAR violations can even result in criminal liability, such as a $1 million criminal penalty per violation or up to 20 years in prison. EAR violations […]

By |2024-01-29T12:30:17-05:00January 24, 2024|Bloomberg, Bloomberg Import, Export, U.S. Bureau of Industry and Security (BIS)|Comments Off on BIS Regulatory Updates: 2023 Significant Changes

Submitting Voluntary Self-Disclosures to Bureau of Industry & Security

Diaz Trade Law is enthusiastic to announce Bloomberg Law published an update to our previous article, “Submitting Voluntary Self-Disclosures to Bureau of Industry & Security.” The udpate discusses new guidance from BIS regarding failure to voluntary disclose significant violations. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

By |2023-05-11T12:56:55-04:00May 11, 2023|Bloomberg Export|Comments Off on Submitting Voluntary Self-Disclosures to Bureau of Industry & Security

Significant Updates to BIS Enforcement Policies in 2022

Diaz Trade Law’s President, Jennifer Diaz, Associate Attorney Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Significant Updates to BIS Enforcement Policies in 2022“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

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Building & Maintaining an Export Compliance Plan

Diaz Trade Law’s President, Jennifer Diaz, Associate Attorney Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Building & Maintaining an Export Compliance Plan”! We also thank our law clerk, Gabi Perez, for her support with research for this article. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

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By |2022-11-10T15:44:12-05:00October 18, 2022|Bloomberg, Bloomberg Export, International Law, U.S. Bureau of Industry and Security (BIS), Uncategorized|Comments Off on Building & Maintaining an Export Compliance Plan

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Prior Disclosure to Customs & Border Protection“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

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By |2022-09-16T10:28:29-04:00September 20, 2022|Best Practices, Bloomberg, Bloomberg Export, Export|Comments Off on

Bloomberg: A Comparison of Customs IPR Protection in the U.S. & China

Diaz Trade Law’s President, Jennifer Diaz, is enthusiastic to announce Bloomberg Law published another one of our articles, “A Comparison of Customs IPR Protection in the U.S. & China“! We want to thank Wen Peng, trademark attorney of Chofn Intellectual Property for her contributions. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

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Bloomberg: Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

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By |2022-05-17T09:09:42-04:00May 17, 2022|Best Practices, Bloomberg, Bloomberg Export, Defense Production Act, Export, International Law, International Trade|Comments Off on Bloomberg: Submitting a Voluntary Disclosure to Directorate of Defense Trade Controls

Bloomberg: What is an Importer’s ‘Reasonable Care’ Standard?

Diaz Trade Law’s President, Jennifer Diaz, is enthusiastic to announce Bloomberg Law published another one of our articles, “What is an Importer’s ‘Reasonable Care’ Standard“! We want to thank law student Isha C. Biswas for her amazing support in getting this article to the finish line!

Many mistake the ease of importing to mean there is no liability or obligation on the part of the importer. In our perfect world this article would be required reading PRIOR to importing where importers would learn about their OBLIGATION to use reasonable care when importing, and actually learn what reasonable care means. This article digs in and gives away TONS of practical guidance. Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback and urge you to SHARE with importers!!

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By |2022-05-10T12:41:41-04:00May 10, 2022|Bloomberg, Bloomberg Import, Import, International Law, International Trade, Reasonable Care|Comments Off on Bloomberg: What is an Importer’s ‘Reasonable Care’ Standard?

Bloomberg: Tariff Classification Basics

Diaz Trade Law’s President, Jennifer Diaz, and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Tariff Classification Basics“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

[…]

By |2022-04-25T16:09:29-04:00January 26, 2022|Bloomberg, Bloomberg Import, HTS, Import, International Trade, U.S. Customs and Border Protection (CBP)|Comments Off on Bloomberg: Tariff Classification Basics

Export Licensing Under EAR

 

Diaz Trade Law’s President, Jennifer Diaz,  and Associate Attorney, Sharath Patil, are enthusiastic to announce Bloomberg Law published another one of our articles, “Export Licensing Under EAR“! Below is the article reproduced with permission for your reading pleasure. You can read the article here (where you’ll have the ability to access all of the great hyperlinks). Please note you cannot click on the hyperlinks below.

We’d love to hear your feedback!

 

 

 

 

 

 

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By |2022-04-25T16:53:46-04:00January 4, 2022|Best Practices, Bloomberg, Bloomberg Export, EAR, Export, International Trade, ITAR, U.S. Bureau of Industry and Security (BIS)|Comments Off on Export Licensing Under EAR
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